Florida Groups Call out FLDOE Efforts Targeting Undocumented Students

FLDOE Proposed Rules Would Bar Undocumented Students From Adult General Education Programs and Florida Colleges

Legislative Committee Tasked With Oversight of Rulemaking Cautions That Proposals ‘Vest Providers With Unbridled Discretion in Making the Citizenship Determination’

STATEWIDE, Fla. - Florida groups continue to oppose proposed rules from the Florida Department of Education (FLDOE) that would bar undocumented students from Adult General Education programs (6A-6.014) and Florida colleges (6A-10.0240). The Florida Board of Education was initially scheduled to vote on the proposed rules during its meeting on May 15; however, the vote was postponed, and the board will now consider the proposals on June 30.

Florida Policy Institute (FPI), Florida Immigrant Coalition (FLIC), American Friends Service Committee Florida, and Florida Student Power have all expressed concerns with the proposed rules.

Additionally, the Joint Administrative Procedures Committee (JAPC), a joint standing committee of the Legislature that reviews agency policy with respect to the Administrative Procedures Act, recently noted that each rule "appears to vest providers with unbridled discretion in making the citizenship determination." On May 15, JAPC provided its comments to FLDOE on the Adult General Education rule and requested a written response. Similarly, on May 19, JAPC provided its comments and requested FLDOE’s response on the college rule. As noted on the committee’s website, "It is JAPC’s responsibility to ensure that rules adopted by the executive branch agencies do not create new law, but rather stay within the authority specifically delegated by the legislature."

During the 2026 regular legislative session, the Florida House passed a bill (HB 1279) with language that would have limited the number of undocumented students who could attend Florida’s universities. However, the Senate struck this language from the bill before passing it, and then returned it to the House. Gov. Ron DeSantis signed the bill into law, signaling an intent not to limit access to higher education for undocumented students.

"The proposed rule (6A-10.0240) would drastically transform Florida’s 28 public colleges into immigration enforcement gatekeepers, requiring sensitive documentation from students and potentially exposing institutions to legal and financial risks," said Renata Bozzetto, Deputy Director of Florida Immigrant Coalition. "Our higher education system thrives when opportunities for enrollment are created and students are encouraged to pursue higher education, but this rule seeks to do exactly the opposite — the DeSantis administration is using a backdoor procedure to implement its wicked agenda and to prevent thousands of Florida students from accessing higher education."

Florida Policy Institute (FPI) has stated that the proposed rules defy legislative and gubernatorial intent and violate the state constitution at Article IX Section 1(a), which calls for the "education of all children residing within its borders" as well as the Florida Educational Equity law.

"The proposed rules, which appear to be unconstitutional, would prevent access to Adult General Education and Florida colleges for undocumented students, which harms those students, the programs and colleges, and the economy overall," said Norín Dollard, senior policy analyst and KIDS COUNT director at FPI. "It is not within the purview of the executive agencies, such as the Florida Department of Education, to legislate. The letters concerning these rules from the Joint Administrative Procedures Committee, a legislative arm that reviews and comments on proposed rules, suggest that the Florida Department of Education is exceeding its jurisdiction as an executive agency."

"After students and allies fought hard to defeat efforts to ban undocumented students this legislative session, the Florida Department of Education's proposed rule is an attack on our democracy, on the voices of students, community members and elected leaders that ensured educational access for immigrant students this legislative session. Floridians want educational opportunities and workforce to expand, not further contract. We need Florida leaders to do better and meet the needs of the people they serve and our democracy," said Laura Munoz, Political Director at Florida Student Power.

"A student’s immigration status should not be the determining factor in their college application; rather, it should be their ability to meet or exceed academic standards. Every young Floridian deserves a seamless transition from high school to college, and those who want to earn their GEDs should have every possibility to do so. Instead of focusing on raising teachers’ salaries, strengthening our public education system, or making sure every child has access to free breakfast and lunch, DeSantis continues his despicable crusade against Floridians who are still in the process of trying to adjust their immigration status," said Yareliz Mendez-Zamora, Policy Coordinator with American Friends Service Committee Florida.

"Requiring all college applicants to prove U.S. citizenship or lawful presence before admission and granting institutions broad discretion to deny students based on vague ‘misconduct’ criteria is dangerous," affirmed Bozzetto. "The weaponization of the Florida Department of Education rule-making process to advance a policy that has been rejected by our legislators in a bipartisan manner underscores what is wrong about this current moment — having a governor that is so ready to bend the rules and shift processes simply to harm students who are immigrants is really a despicable thing."

Florida Groups Call out FLDOE Efforts Targeting Undocumented Students

Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)

Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)

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